Girard Trust Co. v. Cosgrove
Supreme Court of Pennsylvania
Appeal, No. 20, Oct. T., 1921, by defendants, from order of C. P. Somerset Co., Dec. T., 1920, No. 43, discharging rule to strike off judgment, in case of Girard Trust Co., substituted trustee under will of Frederick J. Anspach, deceased, v. A. K. Cos-grove et al., trading as Cosgrove & Company. Buie to strike off judgment. Before Berkey, P. J. The opinion of the Supreme Court states the facts. The court discharged the rule. Defendants appealed.
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Appeal, No. 20, Oct. T., 1921, by defendants, from order of C. P. Somerset Co., Dec. T., 1920, No. 43, discharging rule to strike off judgment, in case of Girard Trust Co., substituted trustee under will of Frederick J. Anspach, deceased, v. A. K. Cos-grove et al., trading as Cosgrove & Company. Buie to strike off judgment. Before Berkey, P. J. The opinion of the Supreme Court states the facts. The court discharged the rule. Defendants appealed. Error assigned was above order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
In January, 1918, the parties hereto entered into a written agreement by which plaintiff leased to defendants a certain seam of coal in five tracts of land, located in Addison Township, Somerset County, for a term of fifteen years, with the usual mining rights as therein specified. The lease provides, inter alia, that, “Lessees shall not transfer this lease nor sublet, sell or transfer the whole or any part of the leased premises.......without the consent of lessor in writing first had and obtained”; and, for certain designated violations of the lease, further…
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